1. This element of punishment was exemplified, for example, in New York’s divorce laws. For 180 years, from 1787 until 1967, the only grounds for divorce in New York was adultery. If adultery was proved, however, the penalty exacted by the law was that the guilty party was prohibited from remarrying during the lifetime of the other party. This prohibition was only removed in 1967. Even when that penalty was removed, however, and the grounds for divorce greatly expanded in the Divorce Reform Act of 1966, a party found guilty of marital misconduct, and against whom a divorce was granted, was still punished by being barred from receiving support, regardless of the length of the marriage or his or her financial need. This bar was only removed by the New York legislature in 1980.
2. Alabama, Arkansas, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming. However, the issue of fault versus no-fault divorce laws is far from resolved. See, e. g., R. Michael Redman, Coming Down Hard on No-Fault, 10 Fam. Advocate 6 (Fall 1987).
3. See, e. g., Pacella v. Pacella, 342 Pa. Super. 178, 492 A.2d 707 (1985); Green v. Green, 501 So.2d 1306 Fla. Dist. Ct. App. 1986 (citing Vilas v. Vilas, 153 Fla. 102, 13 So.2d 807 (1943)); Tobey v. Tobey, 165 Conn. 742, 345 A.2d 21 (1974); Bollenbach v. Bollenbach, 285 Minn. 418, 175 N.W.2d 148 (1970); Tonjes v. Tonjes, 24 Wis. 2d 120, 128 N.W.2d 446 (1964); Errera v. Errera, 332 Ill. App. 582, 76 N.E.2d 215 (1947); McClung v. McClung, 29 Tenn. App. 580, 198 S.W.2d 820
4. This is reflected in the fact that the equitable distribution statutes of a number of states still provide that fault is to be considered a factor in awarding alimony and in the distribution of marital property.
5. The states that consider it as a factor in making an award of alimony are set forth in footnote 11. Those that consider it a factor in the distribution of marital property are set forth in footnote 12.